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Publications

Amicus Briefs & Petitions

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Featured
Open Markets Urges Appeals Court to Restore Competition in Search as Google Extends Its Gatekeeper Power into AI
August 4, 2026
Amicus Briefs & Petitions, Press Releases
Open Markets Urges Appeals Court to Restore Competition in Search as Google Extends Its Gatekeeper Power into AI
August 4, 2026
Amicus Briefs & Petitions, Press Releases

Open Markets filed an amicus brief urging the U.S. Court of Appeals for the D.C. Circuit to prohibit Google from continuing to pay billions of dollars each year to preserve its monopoly over internet search.

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August 4, 2026
Amicus Briefs & Petitions, Press Releases
Open Markets Institute Joins Amicus Brief Defending California AI Transparency Law in Landmark Appeal
July 24, 2026
Amicus Briefs & Petitions, Press Releases
Open Markets Institute Joins Amicus Brief Defending California AI Transparency Law in Landmark Appeal
July 24, 2026
Amicus Briefs & Petitions, Press Releases

As debates about AI governance and transparency sweep across governments, the Open Markets Institute has joined an amicus brief urging the U.S. Court of Appeals for the Ninth Circuit to uphold California's law requiring AI companies to disclose information about the data used to train their models. 

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July 24, 2026
Amicus Briefs & Petitions, Press Releases
Open Markets Institute Files Amicus Brief Urging Fourth Circuit to Revive Antitrust Claims Against Johnson & Johnson Over Stelara Monopoly
June 17, 2026
Press Releases, Amicus Briefs & Petitions
Open Markets Institute Files Amicus Brief Urging Fourth Circuit to Revive Antitrust Claims Against Johnson & Johnson Over Stelara Monopoly
June 17, 2026
Press Releases, Amicus Briefs & Petitions

Open Markets filed an amicus brief urging the Fourth Circuit to revive antitrust claims against Johnson & Johnson, arguing the company used its acquisition of biosimilar-related patents to protect its Stelara monopoly and delay lower-cost competition.

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June 17, 2026
Press Releases, Amicus Briefs & Petitions
Open Markets Institute Files Amicus Brief Defending Antitrust Verdict Against Biosense Webster for Exclusionary Conduct in Medical Device Market
May 27, 2026
Press Releases, Amicus Briefs & Petitions
Open Markets Institute Files Amicus Brief Defending Antitrust Verdict Against Biosense Webster for Exclusionary Conduct in Medical Device Market
May 27, 2026
Press Releases, Amicus Briefs & Petitions

The Open Markets Institute filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit supporting Innovative Health, LLC in Innovative Health v. Biosense Webster urging the court to uphold a jury verdict finding Biosense Webster guilty of violating federal antitrust law by using its dominant position in the cardiac-mapping market to block competition from lower-cost medical device reprocessors. 

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May 27, 2026
Press Releases, Amicus Briefs & Petitions
Amicus Brief Urges Third Circuit to Correct Misinterpretation of Clayton Act Provision on Exclusive Dealing 
February 4, 2026
Amicus Briefs & Petitions, Press Releases
Amicus Brief Urges Third Circuit to Correct Misinterpretation of Clayton Act Provision on Exclusive Dealing 
February 4, 2026
Amicus Briefs & Petitions, Press Releases

The Open Markets Institute filed an amicus brief in support of the plaintiffs in Reading Hospital v. Hill-Rom Holdings, a case concerning the monopolistic manufacturer of hospital beds using exclusive dealing with health systems to perpetuate its dominance.

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February 4, 2026
Amicus Briefs & Petitions, Press Releases
Amicus Brief Urges Ohio Court of Appeals to Uphold State’s Authority to Designate Google as a Common Carrier
November 17, 2025
Amicus Briefs & Petitions, Press Releases
Amicus Brief Urges Ohio Court of Appeals to Uphold State’s Authority to Designate Google as a Common Carrier
November 17, 2025
Amicus Briefs & Petitions, Press Releases

The Open Markets Institute filed an amicus brief in State of Ohio v. Google, urging the Fifth District Court of Appeals of Ohio to recognize the state’s authority to designate Google Search as a common carrier—just as courts and legislatures have long done for railroads, telegraphs, telephones, and other corporations that hold themselves out to serve the public. 

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November 17, 2025
Amicus Briefs & Petitions, Press Releases
Open Markets Files Amicus Brief Defending Congress’s Constitutional Authority to Limit Presidential Removal Power and Protect the Federal Trade Commission
November 14, 2025
Amicus Briefs & Petitions, Press Releases
Open Markets Files Amicus Brief Defending Congress’s Constitutional Authority to Limit Presidential Removal Power and Protect the Federal Trade Commission
November 14, 2025
Amicus Briefs & Petitions, Press Releases

The Open Markets Institute filed an amicus brief led by Policy Counsel Tara Pincock, Legal Director Sandeep Vaheesan, and Jamie Crooks of Fairmark Partners defending Congress’s authority under the Constitution to restrict the President’s ability to remove officials at executive agencies and departments. The brief argues that Congress, under the Necessary and Proper Clause of Article I, has broad powers to structure the federal government and ensure that the execution of the law remains independent from direct presidential control. 

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November 14, 2025
Amicus Briefs & Petitions, Press Releases
OMI Urges Court to Require Google Divestitures in Ad Tech Monopoly Case
September 12, 2025
Amicus Briefs & Petitions, Press Releases
OMI Urges Court to Require Google Divestitures in Ad Tech Monopoly Case
September 12, 2025
Amicus Briefs & Petitions, Press Releases

The Open Markets Institute submitted an amicus brief in United States v. Google, urging the court to order Google to divest part of its advertising technology businesses to restore competition and to protect publishers, advertisers, and the public.

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September 12, 2025
Amicus Briefs & Petitions, Press Releases
Open Markets Institute Calls on the Supreme Court to Take Case Challenging Merck’s Deceptive Practices to Preserve Mumps Vaccine Monopoly
August 12, 2025
Amicus Briefs & Petitions, Press Releases
Open Markets Institute Calls on the Supreme Court to Take Case Challenging Merck’s Deceptive Practices to Preserve Mumps Vaccine Monopoly
August 12, 2025
Amicus Briefs & Petitions, Press Releases

The Open Markets Institute filed an amicus brief in the Supreme Court, urging the Court to address Merck’s alleged misrepresentations to the Food and Drug Administration to extend its monopoly in the mumps vaccine market.

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August 12, 2025
Amicus Briefs & Petitions, Press Releases
Open Markets Institute Files Amicus Brief in Ninth Circuit Challenging Monopoly in Surgical Robot Market 
July 30, 2025
Amicus Briefs & Petitions, Press Releases
Open Markets Institute Files Amicus Brief in Ninth Circuit Challenging Monopoly in Surgical Robot Market 
July 30, 2025
Amicus Briefs & Petitions, Press Releases

The Open Markets Institute filed an amicus brief in the Ninth Circuit Court of Appeals warning that Intuitive Surgical is exploiting its monopoly over surgical robots to dominate markets for essential accessories—posing serious risks to hospitals, doctors, and patients. 

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July 30, 2025
Amicus Briefs & Petitions, Press Releases

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